Defendant

All appeals by prosecutors are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment of three years and the fine of three thousand won, KRW 3,312,408,00) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the court below denied the crime of smuggling import of this case, but it was recognized that the crime of violating the Foreign Exchange Transactions Act was committed against the defendant. The defendant's profits from the crime of smuggling import of this case seems not to be significant, the defendant has no record of criminal punishment for the same kind of crime, the defendant's family members and the branch members want to support the defendant's wife, etc. are favorable to the defendant.

However, the crime of this case was committed in collusion with a large number of people in a planned and systematic manner and was imported smuggling. Such an act of smuggling infringes the State's right to impose customs duties and reduce customs revenues and seriously impairing trade order. It is not good to commit the crime. The Defendant merely realized profits from the smuggling by receiving the smuggling imported over five times and disposing of it in Korea through M through M, and thereby contributing to the removal of the gold sales price equivalent to one billion won to red bees. The degree of participation in the crime of this case is relatively more severe; the size of the smuggling imported gold bars and the fact that the gold bullion imported was already distributed during the time, which is disadvantageous to the Defendant.

In addition, considering the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, and all of the sentencing conditions in the instant records and arguments, such as the circumstances after the crime, the sentencing of the lower court is too excessive.